Supreme Court of India

Punjab State Electricity Board v. M/s Siel Ltd. and Ors.

Neutral citation
Reported as [2008] 12 S.C.R. 156
Bench Dr. Arijit Pasayat and S.H. Kapadia JJ.
Decided 18 August 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that while the Commission was justified in its view as to the non-applicability of cross- subsidy, the High Court was in error in issuing a direction E to the Commission, contrary to the object and provisions of the 1998 Act to maintain a tariff structure which was prevailing prior to the Commission's report.

Judgment, page 8

From the headnote

Electricity Regulatory Commissions Act, 2003 - ss. 29, 61 and 82 - Electricity Regulatory Commissions Act, 1998 - c s.9 - Determination of tariff by State Electricity Regulatory Commission - Challenge to - Statutory appeals by industrial consumers - Allowed by High Court - On appeal, held: Ap- proach of High Court was not correct and analysis was not done by it in the correct prospective, inasmuch as it introduced the concept of/deal situation - The ideal situation test has no place in commercial evaluation - Hence, order of High Court set aside and matter remitted to Electricity Commission

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